Any solicitors/ legal advisors?

[Chuck]

Good stuff, how are you going to enforce this? An Arrestment / Attachment order or just file a petition for his bankruptcy if he owes you enough (must be over a certain amount.) That would get his attention and a lot quicker than maybe some other methods...

Then again, don't the bailiffs have "walk in possession" rights where you are??? Get them in! keep us posted.

[artiglio]

Afternoon Chuck,

Northern Ireland has a different procedure, first off you get the "enforcements of judgements office" to issue a notice of intended enforcement, the defendant has 10 days to reply either by paying or offering a schedule to do so. If there is no response it moves to an enforcement procedure, which can be as extreme as taking money from a bank account ( in the unlikely event you can find one the defendant has) attachment to earnings ( no good if individual is self employed) seizure of goods and or land.
But as with everything these options are expensive to enforce , but there is a point of principle at stake. I sent the maggot an email inviting him tocpay before this process started and got one back inferring I could lose my FAC if I threaten him.

Fingers crossed it all works out

Regards phil

[Chuck]

Thaniks for that, not aware of the NI system at all.

I would imagine that ALL these csots are additional to whatever you got judgement for. Uo here the costs are added so if I do an Attachment ordeer I need to get my money PLUS Sheriff officers costs.

As for threatening, he's a w'nker. You are perfectly entitled to demand your money - obviously without menaces :lol: :lol:

Up here if it is over a certain amount I can issue a Statorory Demand unde the Bankruptcy Act giving him 21 days to pay or I can petition for his mankruptcy. OFT guidelines say if I THEREATEN this I musy do it....not just issue it as a frightener. Thankfully I always got a serious amount of success with my FIRST letter (I should have copied that to you, ah well, that's hindsight eh)

Chuck

[artiglio]

Good morning people,

This morning I have received confirmation from the northern Irish courts system that "Notice of Intention" papers have been served on 10th June against The debtor. Should there be no positive response within 10 days then I can ask for the judgement to be enforced.
More news as I get it.


Regards phil

[ovenpaa]

Can you claim for interest on the costs Phil?

[artiglio]

Ovenpaa, There is a provision in both courts for interest to be paid on the judgement, but I didn't put in for it, (it may be automatically added in the Irish system) I'll be content to get my original loss covered plus the various court fees which jump alarmingly at the enforcement stage.


Cheers phil

[Chuck]

I think up here it's statutory interst at 8.6% on decree until the debt is paid, a wee bit rusty on it now. Good luck anyway and thanks for the heads up.

[artiglio]

Me again,

Well surprise, surprise no money or contact has been made and the deadline with the intention to enforce have expired, so tomorrow paperwork will be posted to commence enforcement proceedings.
If per chance anyone on here is attending or knows someone who is at the creed more this week, I'd be grateful if they would pm. Me.
Another part of the saga that amazed me this week was that on contacting the NI firearms liaison dept, not only did they say they would not cooperate with the enforcement office but that they were not interested in the fact that the rifle and barrels were supplied unproofed and that I should contact uniformed police if I felt an offence had been committed. Hardly the response I expected.
But a day you learn nothing is a day wasted.

Regards Phil

[artiglio]

The advert I answered on the fclass website has now been removed, fortunately I printed a copy off some time ago, for my records.

The saga drags on.

Cheers phil

[baldie]

Me again,

Well surprise, surprise no money or contact has been made and the deadline with the intention to enforce have expired, so tomorrow paperwork will be posted to commence enforcement proceedings.
If per chance anyone on here is attending or knows someone who is at the creed more this week, I'd be grateful if they would pm. Me.
Another part of the saga that amazed me this week was that on contacting the NI firearms liaison dept, not only did they say they would not cooperate with the enforcement office but that they were not interested in the fact that the rifle and barrels were supplied unproofed and that I should contact uniformed police if I felt an offence had been committed. Hardly the response I expected.
But a day you learn nothing is a day wasted.

Regards Phil

That is astounding.

Selling an unproofed firearm is an ABSOLUTE offence....no grey areas, and i believe it carries a mandatory jail term.

You need to ring the chief inspector of that particular force and inform him, he is duty bound by law to seek prosecution. If you get no sense there, then contact ACPO and tell them what is going on. Also put in an official complaint to the police.

If the firearm was transferred from his private certificate to the joint RFD, then the holders of the joint RFD are both responsible, and the goods were sold from the business/rfd in law, and as such carry all the legal implications that go with it.

You have a cast iron case, especially with the proof act. Contact the proof house where they were proofed, get certificates of proof from them, and also inform them , you were sold unproofed firearms from within the UK.